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Daniel
Daniel, Solicitor
Category: Australia Law
Satisfied Customers: 5043
Experience:  Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court
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When does a debt arise? My wife left some earrings in a hair

Customer Question

When does a debt arise? My wife left some earrings in a hair dressing salon. When she went back to collect them, they were missing. The owner then agreed to replace them based on a valuation from a jeweller. At some time later she stated that she had changed her mind. The question is, was a contract entered into at the moment she agreed to replace the jewellery?
If it is a debt, can it be pursued as such in QCAT.
Thank you
Geoff
Submitted: 1 year ago.
Category: Australia Law
Expert:  Daniel replied 1 year ago.
Hello
A claim can be made in the magistrate court.
In such matters you need to provide evidence of negligence on the part of the salon. They have also admitted liability, thus the claim may well be successful.
A debt arises the moment a person suffers a loss. You can make a claim here:
http://www.courts.qld.gov.au/courts/magistrates-court/money-disputes-up-to-150000
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